If you or a loved one has been charged with domestic violence, call San Diego domestic violence attorney Alex Ozols today for a free consultation. Ozols Law Firm has a proven track record of successfully handling domestic violence cases. We know the severity of being found guilty of domestic abuse, and will use our experience to achieve the best possible outcome.
Don’t wait for the prosecution to build their case against you. Call us immediately and speak with an experienced San Diego domestic violence attorney so that we can begin preparing your defense.
Domestic Violence Facts
- Domestic abuse allegations are often made by an angry spouse who exaggerates the facts to the police.
- These false allegations of spousal or child abuse are often made to gain the upper hand in a child custody dispute or because of recently discovered infidelity.
- While that spouse might later regret having called the police, there’s nothing the alleged victim can do if the prosecutor decides to press charges.
- A skilled domestic violence lawyer in San Diego can greatly increase your chances of a positive outcome for the defense
Hire An Experienced Domestic Violence Defense Lawyer
When facing domestic violence charges, you need a skilled defense team to aggressively protect your freedom. Ozols Law Firm has handled all types of domestic violence cases in San Diego, including:
We know these allegations require a strong defense, and we use our experience to spot the flaws in the prosecution’s case against you. From the moment you hire us, we will begin investigating your case to find exculpatory evidence, which could result in the prosecutor not even filing charges.
A Brief Overview of How We Defend You:
- Seek to get the case dismissed
- Investigate your case
- Interview witnesses
- Search for exculpatory evidence
- File motions to suppress evidence
- Negotiate a favorable deal with the D.A.
- Go to trial (if necessary)
Consequences of a Domestic Violence Conviction:
If found guilty of domestic violence, the punishment is severe and can include:
- Heavy fines
- Jail time
- Losing custody of your children , and
- Immigration consequences:
- Being convicted of domestic violence could lead to deportation from the United States for non-U.S. citizen. (I.N.A. § 237.)
In short, a domestic violence conviction could impact almost every part of your life. That’s why it’s critical to have a qualified attorney begin working on your defense immediately.
Domestic Violence Laws
Corporal Injury on a Spouse – Penal Code 273.5
California Penal Code section 273.5(a) makes it illegal to inflict corporal injury on a spouse or cohabitant if that injury results in a traumatic condition. This occurs when a person strikes or hits another person who is his or her intimate partner and it caused visible injury. Because San Diego police officers treat all domestic violence allegations seriously, even slight injuries may result in the alleged perpetrator being taken into custody.
If you are taken into custody, exercise your right to remain and silent and immediately call a domestic violence attorney. San Diego police officers are trained on how to get you to talk. Do not try to “explain” your side of the story to the police.
Under Penal Code § 273.5(b), P.C. § 273.5(a) applies if the alleged victim was on or more of the following:
- The offender’s spouse or former spouse,
- The offender’s former cohabitant or current cohabitant,
- The offender’s fiance or fiancee, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243
- The mother or father of the offender’s child
Domestic Battery – Penal Code 243(e)(1)
Penal Code 243(e)(1) is one of the most common battery charges in San Diego. Domestic battery is a misdemeanor when one inflicts force on their intimate partner. Unlike corporal injury (see above), this offense does not need to have a visible injury and is often taken on the statements of one of the parties.
Given the lack of physical evidence, these types of cases are easily defendable. It often either turns into a “he said/she said,” or just a trial where the intimate partner who made the complaint does not want to testify. Beyond a reasonable doubt is a very high burden to meet when there is only an officer testifying about statements from the alleged victim. As your defense lawyer, Mr. Ozols will investigate all statements being used against you and fight to keep them out.
Many people fail to understand that the D.A.’s office generally doesn’t have the best case when dealing with domestic battery situations. However, the San Diego’s prosecutor’s office may still threaten you with going to trial in hopes that you will accept an unfavorable plea deal. Having an attorney that has experience in dealing with the San Diego District Attorney’s office gives you a distinct advantage.
Domestic Violence and Criminal Threats – Penal Code 422
Criminal threats under California Penal Code Section 422 is another possible charge that can be linked to a domestic violence situation. To be charged with making criminal threats one would have had to:
- Threatened someone either verbally, in writing, or by means of electronic communication device, and
- That person would reasonably have to be in fear, and
- It would have to be a threat that could actually be carried out as well, regardless if the person making the threat intended to carry it out.
This can be charged as a misdemeanor or a felony. PC 422 goes onto say that someone found guilty of this crime “shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.”
If charged as a felony, it is seen as a “strike” under the California three strikes laws. In short, the three strikes laws means that if you are convicted of three of these offenses you will have to spend life in prison as a mandatory sentence. If you are being charged with making felony criminal threats, speak with an attorney in our office immediately to discuss your best legal options.
Criminal Protective Orders in Domestic Violence Cases
Most people have heard of a restraining order or a temporary restraining order (“TRO”). A TRO is actually a civil case where it is filed and adjudicated in civil court. This is something that one party files in order to have the other party stay away from them. For more information on criminal protective orders, click here.
Call Us Today To Discuss Your Domestic Violence Case
If you or a loved one has been charged with domestic violence, call Ozols Law Firm today at (619) 288-8357 or fill out our free case evaluation form to see how we can assist you during this difficult time. Having a qualified San Diego domestic violence lawyer on your side can greatly increase the chances of a positive outcome. We look forward to meeting with you to discuss your criminal defense needs.
Domestic Violence Resources
- California Penal Code 243(e)(1)
- California Penal Code 273.5
- Domestic Violence Overview on Wikipedia
- California Courts Domestic Violence Self-Help
- San Diego County Domestic Violence Information
Attorney Alex Ozols has the experience you need when facing domestic violence charges. He works tirelessly to secure a favorable plea for his clients, and is prepared to go to court if necessary. By hiring Alex as your criminal lawyer, you put an experienced attorney in your corner that will aggressively defend your rights.